header-logo header-logo

13 December 2007
Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-detail

Divorce lawyers applaud landmark ruling

News

Lawyers have applauded the Court of Appeal ruling that a woman’s divorce settlement can-not be used to pay off the debts of her bankrupt ex-husband.

Margaret Hatwood, an associate at Thomas Eggar LLP, says she is delighted that the appeal court has reinstated the long-held understanding among family lawyers that a decision made after a fully contested hearing could not be overturned by the trustee in bankruptcy.

The appeal court ruled in Haines v Hill and another that Wendy Haines’s £120,000 share in the matrimonial home—which she had been forced to give up after her ex-husband became insolvent—should be returned to her.

The High Court held that the divorce payout amounted to a “transaction at undervalue” and that under the Insolvency Act, s 339 this allowed the husband’s trustees in bankruptcy to ask for it back since it was made within five years before the bankruptcy.

However, Lord Justice Rix said it would be “unfortunate in the extreme” if a settlement approved in a divorce court could be undone for up to five years because the husband went bankrupt.

Hatwood says: “The implications of the decision were substantial and could have led to trustees in bankruptcy going through their filing cabinets to find other cases where orders made in the divorce proceedings could be set aside. So a wife who has received her divorce settlement following a contested hearing in the last five years could be vulnerable to attack. In short she could find she has to pay money to her husband’s creditors.”

If the appeal had been dismissed, she adds, it would have created the spectre of husbands, who were dissatisfied with the outcome of the matrimonial proceedings, deliberately going bankrupt to frustrate the awards of the matrimonial courts.
An appeal by the trustees to the House of Lords is likely, she says, but they are unlikely to succeed.

Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll